When you purchase anything from a company, especially when it comes to machinery or tools that have the potential to do a lot of damage, you expect that the product will be safe for its intended use and come with the appropriate instructions and warning labels to ensure that you are kept safe when using it. However, this isn’t always the case, and there are thousands of lawsuits filed each year due to product liability. If a faulty product or tool has impacted you, then you might be wondering what the process of making a claim looks like.
Consult a Lawyer
The first step is to consult with a lawyer with experience in the area such as Romanucci and Blandin. Personal injury lawyers often have a lot of experience with this type of claim, but you can talk to any lawyer who specializes in faulty products, tools, and machinery. It’s a good idea to spend some time researching different lawyers, interviewing and asking questions, and telling your story to find a lawyer that is a good fit for your needs. A good lawyer will listen and learn as much as possible about your story to provide you with further insight on the best next steps for you to take.
Prove the Product Caused Injury
Proving that the faulty product, tool or machinery is the cause of your injury, or that of your loved one, is one of the most important parts of any product liability claim. This may include providing proof that the product was faulty, that instructions for use were not sufficient, or the product was defective, leading to your injury. A good lawyer will be able to help with the process of gathering evidence. Once you have discovered the flaw, it’s important to link it to your injury. This will improve your chance of getting the compensation that you deserve.
Understand the Defect Type
When hiring a lawyer to represent you when making a product liability claim, they will likely go through the different options that are available based on the type of defect. There are several defects such as a design defect, manufacturing defect, improper warnings, or lack of warnings. Understanding what type of defect in the product has led to your injury is an important process in preparing the best case. Once you have a better understanding of the defect type, it becomes easier to identify the liability type, which is how the manufacturer failed in their duties to provide a safe product. There are several things you can file for including breach of warranty, negligence, or strict liability.
File Your Claim
Once you have determined the defect type, your lawyer will be able to help you determine the type of claim that you should make. This is the time for your lawyer to take the lead and file the claim, fighting for your right to get the compensation that you are entitled to for your injuries and any other damages.
If you have been hurt or injured by a faulty product such as a tool or machinery, then filing a product liability claim can be a significant, yet worthwhile step to take.
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